Local Communities Rights & Opportunities
Communities have more powers then they realise to challenge the councils in their area.
For example:
- Neighbourhood plans have exactly the same legal status as those developed by councils in relation to new homes, shops and offices developments.
- Right to Bid allow your community to have first bids on local building or land if it goes up for sale.
- Right to Challenge allows the bidding to take over local services you think could be run better.
- Right to Build gives communities the ability to build their own housing, shops or community facilities without going through the traditional planning process.
- Setup town and parish councils
The Localism Act 2011, Particularly Part 5, Chapters 2 & 3.
Local Government and Public Involvement in Health Act 2007.
The National Association of Local Councils say on their website:
"We want to transform this landscape and encourage more communities in England to embrace the model, joining the ranks of the already-established 10,000 councils mak
the need for a fundamental power shift to local people. Establishing parish and town councils in all areas will allow people to benefit from better representation aning significant contributions to their areas."
"We have long supported d service delivery. There are now 270 more parish and town councils than just over 15 years ago. People nationwide are taking more control over the decisions that affect their communities. Join them and see if you can take the first step today in creating your own parish or town council."
They also tell you how to establish your own Parish or Town Council
"Creating a parish or town council involves structured steps to ensure community support and proper governance. These steps include researching the legislative process and engaging with the community to gather support, as well as establishing a new parish or town council, followed by elections for council members."
The Government have a very good and informal guide to your community rights and powers called "You’ve got the power: a quick and simple guide to community rights".
What do you want to do? | What’s the solution? |
---|---|
How your neighbourhood or community should develop | • Neighbourhood Planning • Community Right to Build • Community Infrastructure Levy |
Local places such as pub, shop or community centre closing? | • Asset of Community Value • Community Right to Bid • Community Asset Transfer • Community ownership or management |
Want to raise money for local community projects? | • Community shares • Crowdfunding |
Think you could run a public service better? | • Community Right to Challenge |
Want to run your community with your neighbours? | • Establish a parish council • Establish a forum (if you don’t have a parish council or local authority) • Write a neighbourhood plan |
Is there a building that your community needs constructing? | • Community-led buildings • Right to Build Order |
Could you improve the way housing is managed? | • Right to Manage |
Think you could run a community-led housing development? | • Community-led housing |
Could you make better use of vacant or underused land or buildings in your community? | • Community Right to Reclaim Land • Compulsory Purchase Order |
1. How to Get Setup & Going
The best place to get good quality information on getting setup is MyCommunity.org.uk.
The website was originally commissioned by the "Ministry of Housing, Communities & Local Government" (MHCLG) in 2015, and "Locality" was granted a license to run and develop the website after the initial program ended in 2018.
Locality is a national network of over 1,600 local community organizations in the UK.
Here are some of the key types of information available from MyCommunity:
- Tools, Tips, and Ideas: Practical advice and resources to make your community a better place to live.
- Community Ownership Fund: How to apply for funding from a £150Million fund to take ownership of local assets at risk of closure.
- Funding and Financial Support: Guidance on various funding opportunities and financial support for community projects.
- Social Investment: How to attract social investment for your community initiatives.
- Affordable and Community-Led Housing: Information on developing affordable housing solutions,
- Neighbourhood Planning: Guidance on creating and implementing neighbourhood plans.
- Parks and Green Spaces: Ideas for improving and maintaining local parks and green spaces.
2. Neighbourhood Planning
Developed under the Localism Act 2011, neighbourhood planning gives local communities a formal way to influence the development of their areas using:
- Neighbourhood Plans
- Neighbourhood Development Orders
These plans have the same legal status as plans made by local councils and can be used to decide where new buildings should go, what they should look like, what infrastructure is needed, and even grant planning permission.
They say it typically takes 18-24 months and involves detailed research. Even though there is funding and support available, the work is largely done by volunteers.
Does your area have a parish council or town council? If so they will have to lead on the neighbourhood plan, so you will need to make contact with them.
3. Community Right to Build
Developed under the Localism Act 2011, the right to build is a statutory right that allows local communities to shape the development of their areas using:
- A Community Right to Build Order
These orders are a powerful tool that enables communities to have a direct say in what types of development occur and where they are located without going through the traditional planning process.
4. Community Right to Bid
This allows communities to protect valued local assets by applying to classify them as:
- Assets of Community Value (ACV)
- What are Assets of Community Value (ACVs)?
ACVs encompass places that hold social, cultural, or recreational significance and enhance community wellbeing. This can include:
- Pubs
- Shops
- Libraries
- Community Centres
- Green Spaces
Proactive: Rather than reacting to a sale, communities can proactively nominate assets for listing, giving them time to prepare in case the asset is put on the market.
Promoted getting people involved: The process encourages collaboration between local residents, community groups, and local authorities to protect shared interests.
Who can nominate an asset?
- Community groups (e.g., societies, parish councils, neighbourhood forums, not-for-profit organisations)
- Groups of at least 21 individuals connected to the local area
The Nomination Process:
- Nominations are submitted to the local authority, often via an online form.
- Over 90% of nominations are accepted for listing.
- Listed assets remain on the local authority's list for up to five years.
Triggering the Community Right to Bid:
- When a listed asset is put up for sale the nominating group is informed.
- The community has six weeks to express interest in bidding.
- Expressing interest triggers a six-month pause in the sale, allowing time to raise funds.
The Bidding Process:
- The community can then raise funds and submit a bid.
- The owner is not obligated to accept the community bid.
Additional Protections for Pubs:
- Listed pubs require planning permission for changes of use or demolition.
- This protection applies from the point of nomination.
5. Community Shares
Community Shares are a way for local people to invest in and support community enterprises, such as cooperatives, community shops, and social enterprises, not just as beneficiaries, but as active participants and investors in local projects.
Process of 5 steps:
- Develop a professional business plan.
- Engage the community and build support.
- Register as an Industrial Provident Society.
- Develop a compelling share offer prospectus.
- Issue share offer and secure funding.
6. Community Right to Challenge
The Community Right to Challenge gives community organisations, including charities, parish councils, and groups of staff, the right to express their interest in running local authority services. This right empowers communities to take over services they believe they can run differently and better.
Which services are eligible for the Community Right to Challenge?
A wide range of local public services can be challenged, such as youth services, parks, libraries, allotments, and children’s centres. The scale can vary from small, very local services to those covering the entire authority area.
What are the potential benefits of challenging a service?
Community groups may believe they can run services more efficiently, cost-effectively, or in a way that better reflects local needs. The aim is to improve the service, offer additional social value, and deliver better value for money.
What is the process for challenging a service?
There are four main steps involved:
- Identify the service and consider how improvements could be made. Research the service's current operation and costs.
- Ensure your organisation is ready to deliver the service. Develop the necessary structures, skills, and financial resources. Build a business case outlining your objectives, cost coverage, and service improvement plans.
- Submit a written expression of interest to your local authority. This document should explain how your proposal will meet the needs of service users and demonstrate your organisation's suitability. Check the local authority website for submission deadlines.
- Participate in the bidding process. If the expression of interest is accepted, the authority will open a tender process where your organisation may compete with other interested groups.
What is an expression of interest?
An expression of interest is a written document submitted to the local authority outlining your proposal for running the service. It should explain how your approach will meet the needs of service users and demonstrate your organisation's capabilities and suitability to manage the service.
What role does the local authority play in the Right to Challenge process?
Local authorities are responsible for receiving and assessing expressions of interest. They will decide whether to proceed with a procurement exercise based on the submitted proposals. They also manage the competitive tendering process.
7. Community Right to Reclaim Land
Tired of seeing valuable land lying vacant or derelict in your community? The Community Right to Reclaim Land empowers individuals & community groups to request that under-utilised public land be brought back into productive use.
- Improving local areas by bringing neglected land back into use, communities can enhance their surroundings and create valuable spaces for housing, businesses, or parks.
- Promoting efficient use of public assets because public land is held on behalf of taxpayers, it should be used efficiently.
- Empowering communities giving them a voice in shaping their local environment and ensures that public land serves the needs of the people.